ie tl Lat x a Judges’ Rules and Administrative Directions to the Police fr 1 Twamre Five Cons im Vi i | Goremama Panwreae, TRomAD, TeoupAD sp Tonoo—1005 IHA 8/11/22 MINISTRY OF HOME AFFAIRS CIRCULAR No. 1/1965 ‘From: The Permanent Secretary, Ministry of Home Affairs. To: The Commissioner of Police. 15th January, 1965 (Now Judges’ Rules and Administrative Directions to the Police I am directed by the Minister of Home Affairs to inform you that now Rules have been made by Her Majesty's Judges for Trinidad and Tobago with regard fo interrogation and the taking of statements by the police. These Rules supersede the Rules in England which have hitherto been applied, in Trinidad and ‘Tobago. They are reproduced in Appendix A to this Circular. 2, The new Rules differ in certain important respects from the ‘old. It will be observed, in particular, that two forms of caution( 3. As is made clear by the Judges, the Rules are concemed down in writing, officers must be absolutely frank in describing to the court exactly what occurred, and it will then be for the Judge to decide whether or not the statement tendered should be admitted in evidence. 4. The Rules, which have been made by the Judges as a guide to police officers conducting investigations, should constantly be 5. In Appendix B there is a statement of guidance for inter- rogating officers about various procedural points which may arise {in the course of interrogation and the taking of statements. H. A. HARRIS Eermanent Secretary, Ministry of Home Affairs Loy i} ue APPENDIX A JUDGES’ RULES ‘These Rules do not affect the principles (@) That citizens have a duty to help a police officer to discover and apprehend offenders; (®) That police officers, otherwise than by arrest, cannot ‘compel any person against his will to come to or remain in any, police station; ‘oppression. ‘The prindple set out in paragraph (e) above is overriding and applicable in all cases. Within that principle the following Roles are put forvard as @ guide to police officers conducting investiga. tions, Non-conformity with these Rules may render answers and statements liable to be excluded from evidence in subsequent criminal proceedings. RULES J. When a police ofcer is trying to discover whether or by ‘whom, an offence has been committed he is entitled to question ‘any person, whether suspected or not, from whom he thinks that 5useful information may be obtained. Subject to Rule II hereunder, he is so entitled whether or not the person in question has been ‘taken into custody so long as he has not been charged with the offence or informed that he may be prosecuted for it, IL. As soon as a police office: has evidence which would afford relating to that offence. ‘The caution shall be in thé following terms :— “You are not obliged to say anything unless you wich to do 0 but what you say may be put into writing and given in evidence.” When after being cautioned @ person is being questioned, or elects to make a statement, a record shall be kept of the time and place at which any such questioning or statement began and ended and of the persons present, IIIa) Where a person is charged with or informed that he may be prosecated for an offence he shall be cautioned in the Sinai we saul? You are not obliged to say anything unless you wish to do s0 but whatever you say will be taken down in writing and may be given in evidence.”” (®) Itis only in exceptional cases that questions relating to the offence should be put to the accused person after he has been charged of informed that he may be prosecuted, Such ‘questions may be put where they are novessary for the purpose of proventing or minimising harm or loss to some ether person ot to the public or for clearing up an ambiguity in a previous answer or statement. : juestions put and answers given relating to the offence moat be nontampclaneantiy ‘corded in fll and the record signed by that person or if he refuses by the interrogating officer. (c) When such a person is being questioned, or elects to make a statement, a record shall be kept of the time and place at ‘which any questioning or statement began and ended and of the 6 1V. Nothing in Roles I and TI shall render any statement ‘admissible in evidence merely because no caution was given, provided that itis made before there is time to caution the person ‘making it, but in any such case he should be cautioned as soon as possible, V. All written statements made after cantion shall be taken in the following manner :— (a) If a person says that he wants to make a siatement he shall be told that it is intended to make a written record ith to make a write down what I say. T have been told that I need not say anything unlece 1 wish to do so and that whatever I say may be given in evidence.”” () Any person writing his own stateinent shell be allowod 12 32 £0 without any prompting as distinct from indicating to him what matters are material. () The person making the statement, it he ia going to write it himself, shall be asked to write out and sign before writing what he wants to say, the following :- ““I'make this statement of my own free will. I have been told that I need not say anything unless T wish fo do so and that whatever I say may be given in (@) Whenever a police officer writes the statement, he shall 7(e) When the writing of a statement by a police officer is finished the person making it shall be asked to read it “I have read the above statement and I have been told that I can correct, alter or add anything I wish, This statement is tre. I have made it of my own free wil.” (f) If the person who has made a statement, having read it, refuses to write the above-mentioned Certificate at the end statement in reply, or starts to say something, he shall at once bbe cautioned of further cautioned as prescribed by Rule TIT (a). ‘VIT. Persons other than police officers charged with the duty of investigating offences or charging offenders shall, so far as may be practicable, comply with these Rules. N.B—The Judges have directed that theeo Rulea shall come into effect (on the Ist day of February, 1905. 8 c APPENDIX B ADMINISTRATIVE DIRECTIONS ON INTERROGATION AND THE TAKING OF STATEMENTS 1, Procedure generally (@) When possible statements of persons under caution should be written on the forms provided for the purpose. Police officers’ notebooks should be used for taking statements only when no forms are avaible, (@ Care should be taken to avoid any person's answers can only be used in evidence against him, as this may prevent an innocent person moking a statement which might help to clear him of the charge, 2. Record of interrogation Rule Tl and Rule TII(e) demand that a record should be kept of the following matters: — ing and statement began and ended and of the persons present, ition to the records required by these Rules fall records of the following matters shotld additionally be kept: (@) of the time or times at which cautions were taken, and (0) of the time when a charge was made and/or the person ‘was arrested, andpa (2) of the matters referred to in paragraph 1(6) above, Jf two or more police officers are present when the questions are being put or the statement made, the records made should be countersigned by the other officers present, 3. Comfort and refreshment Reasonable arrangements should be made for the comfort and refreshment of persons in attendance for questioning or from whom statements are being taken, Whenever practicable both the person being questioned or making a statement and the officers asking the ‘questions or taking the statement should be seated, 4. Interrogation of children and young persons AS far as practic ‘the consent and in the presence, of the head teacher, or his nominee. 5. Interrogation of foreigners In the case of a foreigner making a statement in his native language: (a) The interpreter should take down the statement in the language in which it is made. (®) An official English translation should be made in due course and be proved as an exhibit with the original statement. 6. Authentication of Statements of suspected or accused persons As far as practicable, and most especially in cases of serious crime, statements by persons under suspicion or charge should 10 be authenticated by a senior police officer or by some responsible ‘member of the community who shall certify thereon whether the person who gives any such statement acknowledges that he gave it voluntarily. 7. Subbly to accused persons of written statement of charges (a) The following procedure should be adopted whenever a charge is preferred against a person arrested without warrant for any offence : ‘The written notice should include some statement on the lines of the caution given orally to the: accused person in accordance with the Judges’ Rules after a charge has been referred. It is suggested that the form of notice shoald begin ‘with the following words :— “"You are charged with the offence(s) shown below. ‘You are not obliged to say anything unless you wish to do se, but whatever you say will be taken down in writing and may be given in evidence."* (6) Once the accused person has appeared before the court it is not necessary to serve him with a written notice of any further charges which may be preferred. If, however, the police decide, before he has appeared before a court, to modify the charge or to refer further charges, it is desirable that the person concerned Should be formally charged with the farther offence and given a written copy ofthe charge as soon as itis possible to doo having regard (o the particular circumstances of the case. IE the accused 0or in other cases of difficulty it will be suficient for him to be formally charged with the further offence and served with a written notice of the charge after he has surrendered to his bail and before he appears before the court. 8. Facilities for defence (a) A person in custody should be allowed to speak on the telephone to his solicitor or counsel or to his friends provided that no hindrance is reasonably likely to be caused to the processes of investigation, or the administration of justice by his doing so, He should be supplied of request with writing materials and his letters should be sent by post or otherwise with the least possible delay. Additionally, telegrams should be sent at once, at his own expense. (0) Persons in custody shonld not only be informed orally of the rights and facilities available to them, but in addition notices describing them should be displayed at convenient and conspicuous places at police stations and the attention of persons in custody ‘should be drawn to these notices,